Defendant was convicted of distribution, delivery, manufacture, or production of a controlled substance and of keeping or maintaining a public nuisance. Appointed counsel filed an untimely amended motion to set aside defendant’s conviction. Where counsel’s untimely motion raised a presumption ...

Tagged with: Abandonment of Counsel Criminal Law Distribution of Controlled Substance Setting Aside Conviction

Where counsel’s untimely motion raised a presumption of abandonment, the trial court’s failure to conduct a Moore abandonment inquiry required reversal and remand of the denial of defendant’s motion. Judgment is reversed and remanded. Oliphant v. State (MLW No. 72212/Case ...

Tagged with: Abandonment of Counsel Criminal Law Distribution of Controlled Substance Setting Aside Conviction